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H.B. 280

Signed into Law

Third Party Litigation Funding Amendments

HB0280S03 (Substitute)

View on le.utah.gov
H.B. 280Signed into Law

Third Party Litigation Funding Amendments

House
Senate
Governor

What This Bill Does

This bill modifies provisions related to maintenance funding agreements.

Key Provisions

This bill:

  • defines terms;
  • distinguishes between consumer maintenance funding agreements and commercial maintenance funding agreements;
  • requires maintenance funding providers to register with the Division of Consumer Protection;
  • extends the right of rescission for a consumer maintenance funding agreement;
  • imposes disclosure requirements in connection with consumer and commercial maintenance funding agreements;
  • restricts certain relationships between attorneys and maintenance funding providers;
  • prohibits maintenance funding arrangements involving foreign entities or persons of concern;
  • establishes priority and assignability provisions relating to maintenance funding interests;
  • restricts a commercial maintenance funding provider from directing or controlling litigation decisions;
  • provides for enforcement, penalties, and rulemaking;
  • provides a coordination clause to substantively and technically coordinate changes between this bill and S.B. 38, Consumer Protection Modifications, and
  • makes technical and conforming changes.

Plain-Language Summary

AI-generated summary. We recommend consulting the bill text for important decisions.

"Litigation funding" — sometimes called lawsuit lending — is when a third-party company gives money to someone involved in a lawsuit in exchange for a cut of any future settlement or judgment. This bill significantly expands and restructures Utah's existing rules governing these arrangements by creating two separate categories: consumer agreements (where an individual plaintiff receives funding) and commercial agreements (where a business or other party to a lawsuit receives funding). All providers must register with the Division of Consumer Protection, and the bill extends the window for consumers to cancel an agreement penalty-free from 5 to 10 business days. Agreements must be written in plain language, completed before signing, and include specific disclosures; providers are barred from paying referral fees to attorneys or health care providers, influencing legal decisions, or entering into any funding arrangement with foreign entities of concern.